PHILADELPHIA — The U.S. Supreme Court on Thursday condemned Philadelphia’s decision to end a long-standing contract with a Catholic social services agency due to its refusal to consider same-sex married couples as potential foster parents.
In a unanimous decision, the justices described the city’s 2018 move to end its relationship with Catholic Social Services, which had cited its religious beliefs about marriage in refusing to work with LGBTQ couples, as unconstitutional.
The ruling is the latest in a series of rulings favoring religious rights since the emergence of a more conservative high court during the administration of former President Donald Trump. But the court’s more liberal justices also signed on to Wednesday decision.
“The city does not have a compelling interest in refusing to contract with CSS,” Chief Justice John Roberts wrote for the court. “CSS seek only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else.”
In its opinion, the court did not say that Philadelphia’s non-discrimination policy is unconstitutional itself, but rather ruled against its implementation, which the justices said was not neutrally applied.
City officials responded to the ruling Thursday but did not say how it would immediately impact Philadelphia’s contractual arrangement with CSS.
“With today’s decision, the Court has usurped the City’s judgment that a non-discrimination policy is in the best interests of the children in its care, with disturbing consequences for other government programs and services,” City Solicitor Diana Cortes said. “At the same time, the city is gratified that the Supreme Court did not, as the plaintiffs sought, radically change existing constitutional law to adopt a standard that would force court-ordered religious exemptions from civic obligations in every arena.”
“It’s a beautiful day when the highest court in the land protects foster moms and the 200-year-old religious ministry that supports them,” Windham said. “Taking care of children, especially children who have been neglected and abused is a universal value that spans all ideological divides.
The U.S. Court of Appeals for the 3rd Circuit ruled in the city’s favor in 2019. Thursday’s Supreme Court decision overturns that and sends the case back to the lower court.
The city canceled its contract with the agency in 2018 after The Inquirer reported that, despite a standard nondiscrimination clause in all city contracts, Catholic Social Services and another religious-oriented foster care agency had policies that barred them from certifying same-sex couples as foster parents.
One of the agencies, Bethany Christian Services, changed its policy. But Catholic Social Services, an extension of the Archdiocese of Philadelphia, took the city to court.
The agency argued that it views the certification of couples as good candidates for fostering children as an “endorsement of the relationship,” and therefore its religious beliefs prevent it from certifying LGBTQ partnerships. Catholic Social Services also noted that it doesn’t work with unmarried couples, either.
The city defended its decision, noting that the nondiscrimination clause has been applied equally to all potential contractors and wasn’t designed specifically to discriminate against religious viewpoints.
